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Page 1 of 10
Maricopa County Department of Transportation
Purchase Agreement and Escrow Instructions
Title Company
Pioneer Title
Date
09/08/23
Address
1550 E. Missouri Ave.
Phone
602-328-8882
City
Phoenix, AZ 85014
Fax
602-328-8882
Escrow Officer
Jennifer Siverio
Email Jennifer.siverio@ptaaz.com
Escrow No.
72502217-025-JS1
Grantor:
Stanley E. Betterman and Leslie Sue Betterman, as Trustees, or their successors in trust,
under The Betterman Family Living Trust, Dated July 02, 2020
Phone:
928-830-9315
Contact
Stanley E. Betterman
Phone:
Mailing
Address:
15317 E. Ocotillo Road
Email
City, State Zip
Gilbert, AZ 85298
Fax:
Grantee: Maricopa County, a political subdivision of the State of Arizona
Mailing Address:
Real Estate Department, 2801 W. Durango Street, Phoenix, Arizona 85009
MARICOPA COUNTY shall pay directly to the Grantor, or
deposit with the Title Company if escrowed, the purchase price
plus all lawful costs incidental to closing as follows:
Sub-
Object
Code
Charges and Disbursements to be paid from Grantor's funds as
follows (check all that apply):
Escrow Fees
TBD
Total Acquisition of Grantor's Property: Full release of all
Title Policy Fees
TBD
monetary liens and encumbrances, and leases of any kind.
Title Report
Pay in full all due and delinquent real property taxes and
Title Report Credit
general and special improvement assessments. Prorate the
Total Escrow & Title Fees
TBD
current year's real property taxes on closings that occur on or
after the 3rd Monday of August each year. Escrow Agent
Recording Fees:
shall withhold the prorated amounts from each party and pay
Release & Reconveyance
the lien of the current year's taxes in full.
Release of Lease
Partial Acquisition of Grantor's Property: Partial release of all
monetary liens and encumbrances, and leases of any kind.
At the discretion of Maricopa County, pay due and delinquent
Total Recording Fees
TBD
property taxes and general and special improvement
assessments, including full payment of taxes and
Other Charges:
assessments on individual assessor parcels within
Release Fees
Maricopa County's partial acquisition, and any Certificate(s)
Consent Fees
of Purchase. The current year's taxes shall not be prorated
S.R.V.W.U.A.
regardless of the closing date.
Taxes -Prorated
Easement(s): Consent to easement(s) by secured party(ies).
Total Other Charges
TBD
Other Disbursements:
Sub Total
TBD
Land*
$54,756.00
11
Improvements*
$30,424.00
10
Close of escrow:
TCE
$1,711.00
12
Administrative Assistant
$27,550.00
11
Special Conditions Right of Way Contract
Exhibit "B"
Yes
No
Total Purchase Price
$114,441.00
Total Escrow & Title Costs
TBD
Total Compensation (minus any
funds paid outside of escrow)
$114,441.00
14
Entry Agreement
Yes
No
TOTAL WARRANT**
TBD
*Escrow and title policy
fees based on this amount
only.
Addendum attached hereto and made a
Part hereof
Yes
No
**Sum of "Total Closing Costs" and "Total Compensation" only.
Project:
Ocotillo Road (148th St to Greenfield)
PCN:
TR221
Assessor Parcel No.:
304-76-279
Item No
D24622
Right of Way Agent:
Cherisse Young
Telephone #
602-682-0000
9/13/2023
9/13/2023
Page 3 of 10
EXHIBIT "B"
RIGHT OF WAY AGREEMENT
Parcel No.: 304-76-279
Project No.: TR221
Project Name: Ocotillo Road
Project Termini: 148th Street to Greenfield Road
Item No.: D24622 (WJ)
WHEREAS in consideration hereinafter set forth, it is agreed that this instrument contains the entire agreement
between the Grantor and Maricopa County. No further consideration is being paid than described in this agreement.
THE COUNTY OF MARICOPA AGREES:
A. To use the real property described herein for the general welfare and benefit of the public.
B. To pay the Grantors the sum of Fifty-Four Thousand Seven Hundred Fifty-Six and No/100 Dollars
($54,756.00) as payment in full for the real property described herein.
C. To pay the Grantors the sum of Thirty Thousand Four Hundred Twenty-Four and No/100 Dollars
($30,424.00) as payment in full for the improvements located on the property described herein and broken out as
follows:
Concrete at Driveways 1,872 SF x $6.00
=$11,232.00
Asphalt at Driveways 235 SF x $2.00
=$ 470.00
Block & Wrought Iron Fence 301 SF x $16.00
=$ 4,816.00
Block & Stucco Fence 66 SF x $11.00
=$ 726.00
Extruded Landscape Curb 120 LF x $4.00
=$ 480.00
Rock Ground Cover 2,900 SF x $2.00
=$ 5,800.00
Large Palm Trees 2 each x $2,500.00
=$ 5,000.00
Medium Queen Palm 1 each x $1,000.00
=$ 1,000.00
Medium Shrubs 5 each x $100.00
=$ 500.00
Small Shrubs 8 each x $50.00
=$ 400.00
Site Improvements Total
=$30,424.00
D. To pay the Grantors the sum of One Thousand Seven Hundred Eleven and No/100 Dollars
($1,711.00) as payment in full for the Temporary Construction Easement on the property described
herein.
E. To accept the sum of Twenty-Seven Thousand Five Hundred Fifty and No/100 Dollars ($27,550.00)
as payment in full for the negotiated Administrative Settlement.
F. That, if in the opinion of the Transportation Director it becomes necessary, private structures will be
relocated in kind to the Grantor’s property, clear of the property described herein, at no expense to the
Grantor except as may be herein otherwise agreed.
G. With respect to the development/redevelopment of the property prior to construction of project TR221,
Grantor will be responsible only for the costs of improvements required by the County or a municipality
as part of a regulatory approval related to development/redevelopment of the property.
H. As designed, the Project will include approximately 121± lineal feet of block and wrought iron fence
along the Ocotillo Road frontage at the new right of way alignment. The Owner may decline such wall
along its property frontage. In the event the Owner desires a wall/fence, the Town of Gilbert is offering
three types of walls and will install the wall of the Owner’s choosing. In the event the Property has
existing connection to Ocotillo Road, the Town of Gilbert is offering three choices of gate types and will
install the gate of the Owner’s choosing. The choices of the Owner will be included in the construction
drawings.
Page 4 of 10
THE GRANTORS AGREE:
1. To grant a Warranty Deed for the real property described in Exhibit "A" to the County of Maricopa for the general
welfare and benefit of the public.
2. To accept the sum of Fifty-Four Thousand Seven Hundred Fifty-Six and No/100 Dollars ($54,756.00) as
payment in full for the property described herein.
3. To accept the sum of Thirty Thousand Four Hundred Twenty-Four and No/100 Dollars ($30,424.00) as
payment in full for the improvements located on the property described herein and broken out as follows:
Concrete at Driveways 1,872 SF x $6.00
=$11,232.00
Asphalt at Driveways 232 SF x $2.00
=$ 470.00
Block & Wrought Iron Fence 301 SF x $16.00
=$ 4,816.00
Block & Stucco Fence 66 SF x $11.00
=$ 726.00
Extruded Landscape Curb 120 LF x $4.00
=$ 480.00
Rock Ground Cover 2,900 SF x $2.00
=$ 5,800.00
Large Palm Trees 2 each x $2,500.00
=$ 5,000.00
Medium Queen Palm 1 each x $1,000.00
=$ 1,000.00
Medium Shrubs 5 each x $100.00
=$ 500.00
Small Shrubs 8 each x $50.00
=$ 400.00
Site Improvements Total
=$30,424.00
4. To accept the sum of One Thousand Seven Hundred Eleven and No/100 Dollars ($1,711.00) as payment in full
for the Temporary Construction Easement on the property described herein.
5. To accept the sum of Twenty-Seven Thousand Five Hundred Fifty and No/100 Dollars ($27,550.00) as
payment in full for the negotiated Administrative Settlement.
6. That, if in the opinion of the Transportation Director, it becomes necessary, private structures will be relocated in
kind to the Grantor’s property, clear of the property described herein, at no expense to the Grantor except as may
be herein otherwise agreed "F” above.
1130 N. Alma School Road, Suite 120
Mesa, Arizona 85201
T:480.503.2250 | F:480.503.2258
w w w . e p s g r o u p i n c . c o m
RIGHT-OF-WAY ACQUISITION
EPS Project #: 20-1407
Town of Gilbert Project No.:
ST-0990
Section: 21 Township: 2 S Range: 6 E
Date: 01/31/22
Page 1 of 3
LEGAL DESCRIPTION FOR
OCOTILLO ROAD IMPROVEMENTS
APN: 304-76-279
RIGHT-OF-WAY ACQUISITION
A PORTION OF THAT PARCEL OF LAND DESCRIBED IN DOCUMENT NO. 2020-0620580, BEING A PORTION OF THE NORTHWEST
QUARTER OF SECTION 21, TOWNSHIP 2 SOUTH, RANGE 6 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY,
ARIZONA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT AN ALUMINUM CAP FLUSH AT THE NORTH QURTER CORNER OF SAID SECTION 21, FROM WHICH AN ALUMINU
CAP FLUSH AT THE CENTER QUARTER CORNER OF SAID SECTION 21, BEARS SOUTH 00 DEGREES 01 MINUTES 12 SECONDS EA
(BASIS OF BEARINGS) 2,665.12 FEET;
THENCE ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER, SOUTH 88 DEGREES 46 MINUTES 50 SECONDS WEST, 1,670
FEET;
THENCE SOUTH 1 DEGREES 13 MINUTES 10 SECONDS EAST, 33.00 FEET TO THE NORTHEAST CORNER OF SAID PARCEL, SAID
CORNER BEING THE POINT OF BEGINNING;
THENCE ALONG THE EAST LINE OF SAID PARCEL, SOUTH 0 DEGREES 12 MINUTES 28 SECONDS EAST, 32.00 FEET TO A POINT O
THE SOUTH LINE OF THE NORTH 65.00 FEET OF SAID NORTHWEST QUARTER;
THENCE ALONG SAID SOUTH LINE, SOUTH 88 DEGREES 46 MINUTES 50 SECONDS WEST, 166.93 FEET TO A POINT ON THE WES
LINE OF SAID PARCEL;
THENCE ALONG SAID WEST LINE, NORTH 0 DEGREES 13 MINUTES 36 SECONDS WEST, 32.00 FEET TO THE NORTHWEST CORNE
OF SAID PARCEL;
THENCE ALONG THE NORTH LINE OF SAID PARCEL, NORTH 88 DEGREES 46 MINUTES 50 SECONDS EAST, 166.94 FEET TO THE
POINT OF BEGINNING.
CONTAINING AN AREA OF 5,342 SQUARE FEET OR 0.1226 ACRES, MORE OR LESS.
SUBJECT TO EXISTING RIGHT-OF-WAY AND EASEMENTS.
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Exhibit A
LINE TABLE
LINE
L1
L2
L3
BEARING
S01°13'10"E
S00°12'28"E
N00°13'36"W
LENGTH
33.00'
32.00'
32.00'
S0°01'12"E 2,665.12' (BASIS OF BEARING)
S88°46'50"W 2,671.28'
1,670.13'
1,001.15'
L1
33' R/W
N88°46'50"E 166.94'
L2
S88°46'50"W 166.93'
L3
20.0' INGRESS/EGRESS
& PUBLIC UTILITY EASEMENT
DOCUMENT 2006 254818 M C R
NOT TO SCALE
1130 N. Alma School Road, Suite 120
Mesa, Arizona 85201
T:480.503.2250 | F:480.503.2258
w w w . e p s g r o u p i n c . c o m
RIGHT-OF-WAY ACQUISITION
EPS Project #: 20-1407
Town of Gilbert Project No.:
ST-0990
Section: 21 Township: 2 S Range: 6 E
Date: 01/31/22
Page 2 of 3
LEGAL DESCRIPTION FOR
OCOTILLO ROAD IMPROVEMENTS
APN: 304-76-279
RIGHT-OF-WAY ACQUISITION
PROPOSED RIGHT-OF-WAY = 5,342 SQ. FT. 0.1226 AC.
THIS EXHIBIT IS FOR GRAPHICAL REPRESENTATION ONLY TO BE USED IN CONJUNCTION WITH
THE ATTACHED LEGAL DESCRIPTION AND DOES NOT CONSTITUTE A BOUNDARY SURVEY.
LEGEND
P.O.B.
P.O.C.
APN
ACFL
M.C.R.
R/W
N.R.O.W.
POINT OF BEGINNING
POINT OF COMMENCEMENT
ASSESSORS PARCEL NUMBER
ALUMINUM CAP FLUSH
MARICOPA COUNTY RECORDER
RIGHT-OF-WAY
NEW RIGHT-OF-WAY
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N.R.O.W.
OCOTILLO ROAD
P.O.B.
P.O.C.
NORTH 1/4 CORNER
SECTION 21, T2S, R6E
FOUND ACFL
NORTHWEST CORNER
SECTION 21, T2S, R6E
CALCULATED POSITION
VAL VISTA DRIVE
CENTER 1/4 CORNER
SECTION 21, T2S, R6E
FOUND ACFL
BETTERMAN FAMILY LIVING TRUST
DOCUMENT 2020-0620580, M.C.R.
Page 6 of 10
Exhibit A
1130 N. Alma School Road, Suite 120
Mesa, Arizona 85201
T:480.503.2250 | F:480.503.2258
w w w . e p s g r o u p i n c . c o m
LEGAL DESCRIPTION FOR
OCOTILLO ROAD IMPROVEMENTS
APN: 304-76-279
RIGHT-OF-WAY ACQUISITION
North: 817908.1602' East: 750286.2488'
Segment #1 : Line
Course: S00°12'28"E Length: 32.00'
North: 817876.1605' East: 750286.3648'
Segment #2 : Line
Course: S88°46'50"W Length: 166.93'
North: 817872.6079' East: 750119.4726'
Segment #3 : Line
Course: N00°13'36"W Length: 32.00'
North: 817904.6076' East: 750119.3460'
Segment #4 : Line
Course: N88°46'50"E Length: 166.94'
North: 817908.1604' East: 750286.2482'
Perimeter: 397.89' Area: 5342 Sq. Ft.
Error Closure: 0.0006 Course: N72°36'28"W
Error North: 0.00017 East: -0.00055
Precision 1: 663116.67
RIGHT-OF-WAY ACQUISITION
EPS Project #: 20-1407
Town of Gilbert Project No.:
ST-0990
Section: 21 Township: 2 S Range: 6 E
Date: 01/31/22
Page 3 of 3
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Page 7 of 10
Exhibit A
1130 N. Alma School Road, Suite 120
Mesa, Arizona 85201
T:480.503.2250 | F:480.503.2258
w w w . e p s g r o u p i n c . c o m
TEMPORARY CONSTRUCTION EASEMENT
EPS Project #: 20-1407
Town of Gilbert Project No.:
ST-0990
Section: 21 Township: 2 S Range: 6 E
Date: 01/31/22
Page 1 of 3
LEGAL DESCRIPTION FOR
OCOTILLO ROAD IMPROVEMENTS
APN: 304-76-279
TEMPORARY CONSTRUCTION EASEMENT
A PORTION OF THAT PARCEL OF LAND DESCRIBED IN DOCUMENT NO. 2020-0620580, BEING A PORTION OF THE NORTHWEST
QUARTER OF SECTION 21, TOWNSHIP 2 SOUTH, RANGE 6 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY,
ARIZONA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT AN ALUMINUM CAP FLUSH AT THE NORTH QURTER CORNER OF SAID SECTION 21, FROM WHICH AN ALUMINU
CAP FLUSH AT THE CENTER QUARTER CORNER OF SAID SECTION 21, BEARS SOUTH 00 DEGREES 01 MINUTES 12 SECONDS EA
(BASIS OF BEARINGS) 2,665.12 FEET;
THENCE ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER, SOUTH 88 DEGREES 46 MINUTES 50 SECONDS WEST, 1,670
FEET;
THENCE SOUTH 1 DEGREES 13 MINUTES 10 SECONDS EAST, 65.00 FEET TO A POINT ON THE EAST LINE OF SAID PARCEL, SAID
POINT BEING THE POINT OF BEGINNING;
THENCE ALONG SAID EAST LINE, SOUTH 0 DEGREES 12 MINUTES 28 SECONDS EAST, 10.00 FEET TO A POINT ON THE SOUTH LI
OF THE NORTH 75.00 FEET OF SAID NORTHWEST QUARTER;
THENCE ALONG SAID SOUTH LINE, SOUTH 88 DEGREES 46 MINUTES 50 SECONDS WEST, 166.93 FEET TO A POINT ON THE WES
LINE OF SAID PARCEL;
THENCE ALONG SAID WEST LINE, NORTH 0 DEGREES 13 MINUTES 36 SECONDS WEST, 10.00 FEET TO A POINT ON THE SOUTH
LINE OF NORTH 65.00 FEET OF SAID NORTHWEST QUARTER;
THENCE ALONG SAID SOUTH LINE, NORTH 88 DEGREES 46 MINUTES 50 SECONDS EAST, 166.93 FEET TO THE POINT OF
BEGINNING.
CONTAINING AN AREA OF 1,669 SQUARE FEET OR 0.0383 ACRES, MORE OR LESS.
SUBJECT TO EXISTING RIGHT-OF-WAY AND EASEMENTS.
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Page 8 of 10
Exhibit A
LINE TABLE
LINE
L1
L2
BEARING
S00°12'28"E
N00°13'36"W
LENGTH
10.00'
10.00'
S0°01'12"E 2,665.12' (BASIS OF BEARING)
S88°46'50"W 2,671.28'
1,670.70'
1,000.58'
S1°13'10"E
65.00'
N88°46'50"E 166.93'
L1
S88°46'50"W 166.93'
L2
33' R/W
20.0' INGRESS/EGRESS
& PUBLIC UTILITY EASEMENT
DOCUMENT 2006-254818, M.C.R.
NOT TO SCALE
1130 N. Alma School Road, Suite 120
Mesa, Arizona 85201
T:480.503.2250 | F:480.503.2258
w w w . e p s g r o u p i n c . c o m
TEMPORARY CONSTRUCTION EASEMENT
EPS Project #: 20-1407
Town of Gilbert Project No.:
ST-0990
Section: 21 Township: 2 S Range: 6 E
Date: 01/31/22
Page 2 of 3
LEGAL DESCRIPTION FOR
OCOTILLO ROAD IMPROVEMENTS
APN: 304-76-279
TEMPORARY CONSTRUCTION EASEMENT
PROPOSED TEMPORARY CONSTRUCTION EASEMENT = 1,669 SQ. FT. 0.0383 AC.
THIS EXHIBIT IS FOR GRAPHICAL REPRESENTATION ONLY TO BE USED IN CONJUNCTION WITH
THE ATTACHED LEGAL DESCRIPTION AND DOES NOT CONSTITUTE A BOUNDARY SURVEY.
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T.C.E.
OCOTILLO ROAD
P.O.B.
P.O.C.
NORTH 1/4 CORNER
SECTION 21, T2S, R6E
FOUND ACFL
NORTHWEST CORNER
SECTION 21, T2S, R6E
CALCULATED POSITION
VAL VISTA DRIVE
CENTER 1/4 CORNER
SECTION 21, T2S, R6E
FOUND ACFL
LEGEND
P.O.B.
P.O.C.
APN
ACFL
M.C.R.
R/W
T.C.E.
POINT OF BEGINNING
POINT OF COMMENCEMENT
ASSESSORS PARCEL NUMBER
ALUMINUM CAP FLUSH
MARICOPA COUNTY RECORDER
RIGHT-OF-WAY
TEMPORARY CONSTRUCTION
EASEMENT
BETTERMAN FAMILY LIVING TRUST
DOCUMENT 2020-0620580, M.C.R.
Page 9 of 10
Exhibit A
1130 N. Alma School Road, Suite 120
Mesa, Arizona 85201
T:480.503.2250 | F:480.503.2258
w w w . e p s g r o u p i n c . c o m
LEGAL DESCRIPTION FOR
OCOTILLO ROAD IMPROVEMENTS
APN: 304-76-279
TEMPORARY CONSTRUCTION EASEMENT
North: 817876.1555' East: 750286.3648'
Segment #1 : Line
Course: S00°12'28"E Length: 10.00'
North: 817866.1555' East: 750286.4010'
Segment #2 : Line
Course: S88°46'50"W Length: 166.93'
North: 817862.6030' East: 750119.5088'
Segment #3 : Line
Course: N00°13'36"W Length: 10.00'
North: 817872.6029' East: 750119.4693'
Segment #4 : Line
Course: N88°46'50"E Length: 166.93'
North: 817876.1555' East: 750286.3615'
Perimeter: 353.87' Area: 1669 Sq. Ft.
Error Closure: 0.0033 Course: S89°46'58"W
Error North: -0.00001 East: -0.00330
Precision 1: 107230.30
TEMPORARY CONSTRUCTION EASEMENT
EPS Project #: 20-1407
Town of Gilbert Project No.:
ST-0990
Section: 21 Township: 2 S Range: 6 E
Date: 01/31/22
Page 3 of 3
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Exhibit A